Terms and Conditions
Terms and Conditions of use for Crave Connect Services
Introduction
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1.1 These Terms and Conditions are applicable to you when you make use of Crave Connect’s Services which are activated when your prepaid SIM Card is connected to the Crave Connect Network through the Apparatus.
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1.2 By purchasing any of Crave Connect’s Services you automatically bind yourselves to these Terms and Conditions and acknowledge that these Terms and Conditions:
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1.2.1 may limit the risk or liability of Crave Connect or a third party; and/or
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1.2.2 may create risk or liability for you; and/or
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1.2.3 may compel you to indemnify Crave Connect or a third party; and/or
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1.2.4 serve as an acknowledgment, by you, of a fact.
Definitions
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2.1 “Apparatus” means any mobile, transportable or portable cellular mobile terminal, handset, laptop, computer, modem or other apparatus which is approved by the Regulatory Authority and which is capable of connection by radio interface to the Network.
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2.2 “Crave Connect” means Crave Connect RSA (Pty) Ltd (Registration Number 2017/252078/07), a private company with limited liability duly registered and incorporated in accordance with the company laws of the Republic of South Africa;
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2.3 “Crave Connect Group” means Crave Connect and any of its subsidiary companies;
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2.4 “Crave Connect Representative” means a person who is duly authorized to represent Crave Connect with the role and function of selling and activating Crave Connect SIM cards;
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2.5 “Crave Connect Services” means the cellular telecommunications service provided by means of the Network as well as such other additional related services, equipment, Value Added Services and/or Financial Services;
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2.6 “Network” means the public mobile telecommunications system operated and made available by Crave Connect or any other members of the Crave Connect Group;
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2.7 “Regulatory Authority” means the Independent Communication Authority of South Africa (ICASA) or any similar authority that is established in the future to perform or take over the functions of ICASA;
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2.8 “SIM Card” means the Subscriber Identity Module Card allocated to you to enable you to gain access to the Network by using the SIM Card in the Apparatus;
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2.9 “Starter Pack” means the pack that includes the user guide and SIM Card;
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2.10 “Subscriber Identity Module Card” means the SIM Card allocated to you which identifies your subscription to Crave Connect;
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2.11 “Terms and Conditions” means these terms and conditions and any other terms and conditions which may be amended in the future and uploaded on the Crave Connect website (www.Crave Connect.com/termsandconditions); and
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2.12 “Value Added Services” means and services provided by Crave Connect which are non-core services and are services beyond standard voice calls, the content of which may not have anything to do with Crave Connect’s mobile network and/or services.
Provision of the Crave Connect Services
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3.1 In order to receive your new cellphone number and to activate your SIM Card found in your Starter Pack, you must register your SIM Card, in terms of the provisions of the Regulation of Interception of Communications and Provision of Communications Related Information Act, 2002 (“RICA”). The Crave Connect Representative selling the Starter Pack will assist you in ensuring the SIM Card has been correctly RICA’d and register you on the Network immediately subsequent to your purchase of the Starter Pack.
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3.2 Once your SIM Card has been RICA’d, insert your SIM Card into your Apparatus and you will be connected to the Crave Connect Network and Crave Connect Services and receive your cellphone number.
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3.3 Subject to the Terms and Conditions, Crave Connect will activate the SIM Card and maintain the availability of the Crave Connect Services to you whilst your SIM Card is active on the Network.
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3.4 Crave Connect provides free access to the Crave Connect Services and platforms on the Crave Connect mobile application “(Crave Connect App)” which is free of charge for all registered Crave Connect users.
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3.5 Crave Connect operates using a fair usage policy which grants each Crave Connect user 100MB (one hundred megabytes) of free data access per day to be used on the Crave Connect App. Should the Crave Connect user use more than the daily allotted 100MB (one hundred megabytes) on the Crave Connect App, Crave Connect reserves the right to charge the Crave Connect user for the additional data used.
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3.6 Crave Connect reserves the right to adjust, amend or discontinue the Crave Connect Services, by giving advance notice where reasonably possible and dependent on the circumstances, based on the Crave Connect user’s use of the Crave Connect Services.
Cellphone Number Portability
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4.1. Should you wish to port-in your cellphone number from your previous network provider you will be required to indicate this when the Crave Connect Representative is registering you on the Network. Should you qualify to port your cellphone number, an additional administration fee will be charged.
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4.2. You may not port if:
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4.2.1. any network operator has suspended your service;
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4.2.2. your cellphone number has already been disconnected;
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4.2.3. you have ported your cellphone number in the previous 60 (sixty) days;
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4.2.4. your cellphone number is already waiting to be ported;
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4.2.5. you have provided the incorrect details; or
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4.2.6. you do not have permission to port for whatever reason.
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4.3. Porting is not capable of taking place on Sundays or public holidays and can only be activated in the late evening on the port date you request, or the following day.
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4.4. A port may be reversed on the instruction of the Crave Connect user but will only be permitted in the following circumstances:
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4.4.1. Within 60 (sixty) days after the date that the number was ported from the Crave Connect user’s previous service provider; and
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4.4.2. the Crave Connect user and their previous service provider agree to the reversal of the port.
Changing of Cellphone Number
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5.1. It is possible for the Crave Connect user to change their Crave Connect cellphone number without the need to purchase a new SIM card.The process to be followed in order to change your Crave Connect cellphone number is available on the Crave Connect App.
Value Added Services
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6.1. You acknowledge that should you subscribe to any of the Value Added Services, the provision of such Value Added Services will be subject to the terms and conditions applicable thereto which you undertake to make yourself familiar with.
Disclosure of Information
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7.1. You consent that Crave Connect may, to the extent permitted by law, receive or disclose your personal information, documents, detailed call records, credit profile information and/or any other credit information from or to:
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7.1.1. any credit providers, credit bureau or credit reporting agencies;
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7.1.2. any law enforcement agencies that require the information for the prevention or investigation of criminal activities;
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7.1.3. any of Crave Connect’s shareholders, related entities, suppliers, agents, professional advisors or any company with the Crave Connect Group for marketing purposes, subject to your right to restrict receipt of unwanted marketing material or other rights in terms of the Consumer Protection Act, 2008 and the Protection of Personal Information Act 4 of 2013;
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7.1.4. any of Crave Connect’s shareholders, related entities, suppliers, agents or professional advisors for reporting, accounting, product supply and service and/or auditing purposes; or
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7.1.5. any company within the Crave Connect Group for any purpose connected with the Crave Connect Services or the Network or for incentive scheme purposes.
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7.2. Despite any part of the Terms and Conditions that may indicate otherwise, Crave Connect shall be entitled to utilize your detailed call records for any lawful purpose including but not limited to tracing and/or collection purposes.
Acknowledgment
You acknowledge and agree that –
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8.1. the service quality and coverage available to you shall be limited to that provided by the Network in accordance with the requirements of the Electronic and Communications Act, 2005 (as amended) (“ECTA”) and the Regulatory Authority requirements. The Crave Connect Services may, from time to time, be adversely affected by such physical features such as buildings and underpass, as well as atmospheric conditions and other causes of interference; and
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8.2. to the extent permitted by law, Crave Connect shall not be liable for non-availability of the Crave Connect Services.
Liability
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9.1. You indemnify and hold Crave Connect and each company within the Crave Connect Group harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained by you or any third party, which arises directly or indirectly out of a breach of these Terms and Conditions by you or by your use of the Crave Connect Services and/or the Apparatus, other than in respect of losses caused by the gross negligence or intentional misconduct of Crave Connect or any company within the Crave Connect Group or any of their respective employees, directors or agents.
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9.2. Without affecting the generality of clause 8.1 above, Crave Connect shall not be liable to you for any breach of these Terms and Conditions or failure on Crave Connect’s part to perform any obligations as a result of technical problems relating to the Network, termination of any license to operate or use the Network, act of God, government control, restrictions or prohibitions or other government act or omission, whether local or national, act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Crave Connect.
Undertakings
You shall –
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10.1. comply with all instructions issued by Crave Connect which concern your use of the Crave Connect Services, the Apparatus or related matters;
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10.2. not be entitled to commercially exploit the Crave Connect Services in any manner whatsoever without Crave Connect’s prior written consent, including without limitation, the provision of telecommunication services to third parties;
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10.3. provide Crave Connect with all such necessary information as Crave Connect may, in its sole discretion, reasonable and lawfully require;
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10.4. only make use of an Apparatus which is approved for use in conjunction with the Network by Crave Connect; and
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10.5. engage with Crave Connect, other members of the Crave Connect Group and their respective staff and agents in a courteous, cordial and respectful manner at all times.
Suspension/Disconnection
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11.1. Crave Connect may from time to time, by giving you advance notice where reasonably possible and dependent on the circumstances, suspend the Crave Connect Services or disconnect your cellphone number from the Network for a period to be determined by Crave Connect, in any one of the following circumstances:
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11.1.1. if the Crave Connect Services have not been used by you for a period in excess of 60 (sixty) days;
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11.1.2. during any technical failure, modification or maintenance of the Network;
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11.1.3. if you fail to comply with any of the Terms and Conditions;
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11.1.4. if so directed by the Regulatory Authority; or
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11.1.5. in any other instance specifically provided for in the Terms and Conditions.
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11.2. Having regard to the circumstances at the time of the suspension, disconnection or reconnection, as the case may be, Crave Connect shall be entitled to levy a reasonable fee in respect of such suspension, disconnection and/or any reconnection.
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11.3. At the time of disconnection should the Crave Connect user have any data or minutes in credit, same will not be able to be paid in any way to the Crave Connect user.
Communication
You hereby consent to the dispatch or transmission by Crave Connect of all and necessary communication in terms of ECTA or subsequently enacted and relevant legislation. You are entitled to inform Crave Connect if you do not wish to receive any communications for purposes of direct marketing and in this instance, Crave Connect will refrain from circulating any further such material to you.
Disputes
Any dispute relating to the Network may be referred to the ICASA or to the National Consumer Commission established under the Consumer Protection Act, 2008.
Lost or Stolen SIM Cards and/or Apparatus
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14.1 You are responsible for the safekeeping of your SIM Card and/or Apparatus.
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14.2 You must notify Crave Connect immediately if you realize that your SIM Card and/or Apparatus has been lost or stolen.
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14.3 You must also, within 24 (twenty-four) hours of you realizing that your SIM Card and/or Apparatus has been lost or stolen, report this to the South African Police Service.
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14.4 In the event that your SIM card is lost or stolen, it is possible to replace the SIM card and keep the existing number by exercising one of the following options:
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14.4.1 purchase a Starter Pack from a Crave Connect Representative and inform the Crave Connect Representative that you wish to retain your existing number before the Crave Connect Representative commences the RICA process; or
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14.4.2 purchase a replacement SIM card in the Crave Connect App which will provide the relevant details and procedures to be followed.
Password and/or One Time Pin
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If you have a password or One Time PIN (“OTP”) sent to your SIM Card or stored on your Apparatus, you undertake to keep it secure and undertake that no other person shall use the Crave Connect Services by means of utilizing your password or OTP, and you further acknowledge that you are responsible for ensuring that no unauthorized access to the password or OTP is obtained, and that you will be liable for all such activities conducted pursuant to such use, whether authorized or not.
General
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16.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of South Africa, and you shall submit to the jurisdiction of the South African courts.
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16.2. These Terms and Conditions are severable, in that if any provision is determined to be illegal or unenforceable by any court holding the necessary jurisdiction, then such provision shall be deemed to have been deleted without affecting the remaining provision of the Terms and Conditions.
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16.3. Crave Connect’s failure to exercise any particular rights or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, unless acknowledged and agreed to by Crave Connect in writing.
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16.4. Any amended terms and conditions published in the media, or on the Crave Connect website(www.Crave Connect.com/termsandconditions)will form part of the terms and conditions of the Crave Connect Services, to which terms and conditions you agree to be bound.
Competitions
By entering this Competition, participants agree to be bound by these terms and conditions in their entirety.
Introduction
This Competition is being run by Crave Connect RSA (Pty) Ltd (Registration Number 2017/252078/07), with its business office situated at 49 Via Salara, Irene Corporate Corner, Irene, Centurion, 0157 (“Crave Connect”).
These Competitions Terms & Conditions is an overview for all competitions for specific Terms & Conditions please refer to the “Competitions” section for specific competition Terms & Conditions.
Eligibility to Enter
An eligible participant must be a natural person, at least 18 years old and a resident in South Africa in order to enter the Competition.
Employees of Crave Connect and its associates and their immediate family members may not participate in the Competition.
By entering the Competition, the participant confirms that he/she is eligible to do so and that he/she is eligible to receive any prizes that may be awarded to the participant
Winners must be on Crave Connect or be willing to switch to Crave Connect in order to claim the prize.
Data Protection and Publicity
Crave Connect respects the privacy of the participants and will handle all participants’ personal information in accordance with applicable data protection laws and Crave Connect’s Privacy Policy. Personal information provided by participants will only be used for the purpose of administering the Competition unless otherwise stated.
Entrants may request information on the winner by emailing support@Crave Connect.com
By accepting the prize, the winner agrees to participate in any promotional activities associated with the Competition, including but not limited to the use of his/her name, likeness, and submitted content for marketing and publicity purposes.
The winner’s first name can be announced on Crave Connect ‘s website and social media channel if Crave Connect decides to.
Limitation of Liability
Crave Connect accepts no responsibility for any lost, late, misdirected, or incomplete entries, or for any technical malfunction, computer error, or other events beyond their control that may cause the Competition to be disrupted or corrupted.
This Competition is in no way sponsored, endorsed, or administered by, or associated with, any social media platform used for promotion.
General
Crave Connect reserves the right, at any time and without prior notice, to cancel the competition or amend these terms and conditions.
These terms and conditions shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or in connection with this Competition shall be subject to the exclusive jurisdiction of the courts of South Africa